Weinberg to join defense team for DiMasi co-defendant Richard McDonough

Lawyers Weekly has learned that Martin G. Weinberg has joined the defense team representing convicted lobbyist Richard McDonough.

McDonough and former House Speaker Salvatore F. DiMasi face sentencing next month in U.S. District Court. A jury in July found them guilty of participating in a scheme to accept kickbacks in exchange for awarding lucrative state contracts to a Burlington-based software company.

Weinberg, a veteran criminal defense lawyer, represented co-defendant Richard Vitale, who was found not guilty of all charges in the case.

Weinberg confirmed that he and McDonough’s trial counsel, Thomas Drechsler, will appear together in Wolf’s courtroom on Sept. 8 for a sentencing hearing.

“I will be representing him to the extent that there are arguments on bail pending appeal, and I will certainly assist [Drechsler] in any way that I can to get the lowest possible fair sentence for Mr. McDonough,” he said. “We will have what we believe to be a powerful and compelling rebuttal to what the government is asking for.”

Legal observers familiar with the case have predicted that Wolf will likely sentence the pair somewhere in the five- to eight-year range.

Weinberg would not say what recommendation he and Drechsler will make for McDonough, but he promised it would be far lower than the government’s 10-year proposal.

“We will certainly be asking the court to consider a sentence significantly below that which is recommended by the government, and one that we will contend is more consistent with nationwide sentences for comparable or even more egregious offenses,” he said.

Weinberg said his representation of both McDonough and Vitale raises no conflict of interest problems.

“Mr. Vitale’s legal issues with the federal government are final with his acquittal,” he said. “Representing Dick McDonough for purposes of advocating for him on appeal is no way in conflict with my prior representations of Mr. Vitale.”